Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 6 : Enforcement of ActPart D : Miscellaneous matters114. Interim relief |
| 1) | A person who has applied for relief to a court, or the complainant in a complaint that has been referred to the Tribunal, may apply to a court subject to its rules, or to the Tribunal, as the case may be, for an interim order in respect of that application or complaint, and the court or Tribunal may grant such an order if— |
| a) | there is evidence that the allegations may be true; |
| b) | an interim order is reasonably necessary to— |
| i) | prevent serious, irreparable damage to that person; or |
| ii) | to prevent the purposes of this Act being frustrated; |
| c) | the respondent has been given a reasonable opportunity to be heard, having regard to the urgency of the proceedings; and |
| d) | the balance of convenience favours the granting of the order. |
| 2) | An interim order in terms of this section must not extend beyond the earlier of— |
| a) | the conclusion of a hearing into an application or a complaint; or |
| b) | the date that is six months after the date of issue of the interim order. |
| 3) | If an interim order has been granted, and a hearing into that matter has not been concluded within six months after the date of that order, the court or Tribunal, on good cause shown, may extend the interim order for a further period not exceeding six months. |
